LIT1 Task 2 Situation A The Family and Medical Leave Act sets regulations for job-protected leave related to family and medical reasons. FMLA applies to organizations with 50 or more employees working within 75 miles of the employee’s worksite (“Employment Laws,” n.d., para. 6). Employees who have been with their current employer for 12 months and who have worked 1250 hours of service in the previous 12 months are eligible for 12 weeks of unpaid leave through FMLA (“Eligibility Requirements,” Revised 2013). FMLA covers the following leave reasons: * The birth of a child, or the placement of an adopted or foster child. * A serious health condition that makes the employee unable to perform the essential functions of their …show more content…
Company X met the FMLA requirements, allowing Employee A to return to the same position with the same rate of pay. My conclusion is that Company X has not violated FMLA requirements. I would recommend Company X create a policy that documents FMLA procedures and clarifies what to expect while on leave (salary and benefits). Situation B As Human Resources professionals, it is key to be mindful of protected job classes, particularly age. The Age Discrimination in Employment Act of 1967 was put in place to protect workers over 40 years of age. The ADEA applies to employers with more than 20 employees and applies to all aspects of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments and training (“Facts About Age Discrimination,” Revised 2008). Since the ADEA applies to the hiring process as well as the term of employment, employers are not allowed to ask for date of birth in any pre-hire process. There are a couple of exceptions to the law. Employees may waive their right to the act as long as the ADEA guidelines are met. In certain situations, high level executives may be asked to retire at 65 and for jobs with bona fide occupational qualifications employers may discriminate based on age (“Exceptions to the ADEA,” 2007). An example of this would be a modeling agency hiring for an ad that promotes children’s clothing. Based off of the information provided, Company X is in clear violation of the ADEA.
The Age Discrimination in Employment Act (ADEA) passed in 1967. It was intended to protect the older half of the workforce from age discrimination in the workplace. Several of the major provisions of the ADEA include: protecting what a worker has earned in his/her tenure, allowing workers to oppose practices that are considered unlawful by the ADEA without consequence, and prevent employers and employment agencies from discriminating
The balancing act of family and work can be very difficult at times. At some point in everyone’s life, he or she will need to take time off of work to deal with family matters. The Family and Medical Leave Act (FMLA) of 1993 was created to help employees find a balance between the challenging demands of work and home. This Act allows eligible workers that require time off for personal reasons or family emergencies up to twelve weeks of unpaid leave.
Based off of the information provided, Company X is in clear violation of the ADEA. Employee B is over 40 and therefore in a protected job class. Unless they have reason to justify their decision, employee B
The current manager reinstated employee to his position, but denied payment for the entire leave.
* The owner has complete control of the business. The owner is totally responsible for all decisions pertaining for business operations.
What is Family and Medical leave Act (FMLA)? The Family and Medical Leave Act (FMLA) that was passed in 1993, is a national policy that grants workers up to twelve weeks of unpaid leave in four situations. These four situations are for pregnancy; to care for an infant, such as newborns, newly-placed foster children, and adoptions; to care for a relative with a serious health condition; or to allow an employee to recover and recuperate from a personal serious health condition. This paper will be discussing the impact of FMLA on employers and the protections provided by this law. (Vikesland, 2009)
The Family Medical Leave Act was passed in 1993 and updated in 2008 and 2009. The law requires employers with 50 or more employees to allow up to 12 weeks of unpaid leave. The provision of the law would allow employees who have worked for one year and have worked at least 1,250 hours to use the unpaid leave for family or medical reasons (DeCenzo 267). It is important to note that the employee does not have to work for one year of continuous service, any combination of weeks worked that equal to 52 weeks makes and employee eligible for FMLA leave. If the employee has a break of seven years or longer, that time does not have to be counted towards the 52 weeks (United States Dept of Labor, 2017). To count the
According to the United States Department of Labor (DOL), The Family and Medical Leave Act (FMLA) of 1993 mandates that employers who have 50 or more employees living within 75 miles of the worksite, must provide a minimum of 12 weeks of unpaid job protected leave. The employee must have worked for the organization for a minimum of 12 months and must have clocked a minimum of 1,250 working hours within that 12-month period. Congress passed this law in 1993 under President Bill Clinton, and it “is designed to help employees balance their work and family responsibilities by
The FMLA stands for Family Medical Leave Act, which “provides up to 12 weeks of unpaid, job-protected leave per year”. When applying for the FMLA, you must have worked for your current employer for at least 12 months. The requirements on those who can apply are those who have worked at least 1,250 hours during the 12 months prior to the leave. These hours don’t include: vacations, holidays, sick days, or other situations. Also, the 1,250 hours should be met prior to the 12-month period before their start of leave (FLMA Eligibility). Then there are the 50 employees within a 75-mile radius, this typically is only required for a private company. However, public companies do not hold the 50-employee rule and most federal employees are eligible
Employees who have not worked for a covered employer for more than 12 months or 1,250 hours are deemed not eligible for FMLA. One modification to the policy would be to allow these employees the same benefit as if they have been employed for the 12 months. This would be a positive impact on the policy by giving employees who ordinarily cannot afford to take a leave without pay. Under the FMLA, with the suggested modification, employees could use paid leave. Another positive modification would be to extend the ‘during the 12-month period’ to ‘during the 24-month period’; which states that an employee can only take FMLA once within the 12-month period (for non-military reasons) if the 12 weeks have been exhausted. According to the US Dept. of Labor; “eligible employees may take up to 12 workweeks of leave in a 12-month period” (The Family Medical Leave Act - Wage and Hour Division (WHD), 2012). Some leave may require an employee to use repeated family medical leave such as, caring for a child with a terminal illness (cancer, multiple sclerosis). One modification that could have a negative impact on the modification of FMLA would be if the extended time is approved and the employee uses the paid leave and does not return to work. This would mean that the company, who has held the position for the employee, now has to seek others to fill the position, and the company has lost money. Benefits were paid on behalf of the employee and life insurance policies were kept active. Additional record keeping is required, and coordination of benefits per policies. Other negative impacts from policy modification could include excessive absenteeism, decreased productivity, moral problems, and inability of co-workers to balance their own work and family demands. “Although the FMLA was intended to provide job security, it may have just the opposite effect if excessive absenteeism jeopardizes an employer’s relationships and
The FMLA entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. http://www.dol.gov/whd/fmla/
In 1993, the United States passed the Family and Medical Leave Act (FMLA). Under this act, eligible employees are entitled to twelve weeks worth of unpaid, job-protected leave (with continued health insurance coverage as if they had not taken leave) per year for the following reasons: the birth and taking care of a child one year or younger; to care for an adopted/foster child for 1 year after the adoption/placement; to care for a spouse, child, or parent who has a serious health condition; a serious health condition that prohibits the employee from during their job; or any need that may arise due to the fact that the employee’s spouse, child, or parent is a covered military member on covered active duty. Eligible employees are also entitled to twenty-six weeks per year to care for a covered servicemember with
The Family and Medical Leave Act (FMLA) provides specific employees with up to 12 weeks of protected leave. FMLA was created to help qualifying employees attend to important responsibilities by taking unpaid leave for certain family and medical reasons. FMLA promotes equal employment opportunities for both men and women. FMLA generally applies to all organizations with 50 or more employees.
The Family and Medical Leave Act allows employees to have the stability between their family and work. The Family and Medical Leave Act enables the employee to have some reasonable unpaid 12 weeks off from work. FMLA applies to any public agencies and other employers that have 50 or more employees. Of course, there are some requirements to be eligible for the FMLA. According to Suriyasak and Kleiner the requirements are; first, “employees have worked that employer for at least 12 months;’ Second, ‘employees have worked at least 1,250 hours during the 12 months before starting the family and medical leave;’ Lastly, ‘The employers must have at least within 75 miles of the location where employees who want leave work.”
In conclusion, most of the employees are not fully aware of their rights in the workplace and the laws that are available to protect them. If anything happens, always address the problems to respective company’s human resource office. If they do not take any action needed or provide the answers that employees are looking for, please try the Department of Labor office nearby you.